Are these the 2006 amendments you are refering to steven4064? sorry to hijack your thread mpfa - current terms do not make it enforceable do they? I have a mbna card (previously Alliance & Leciester) from 93 - yet they have sent me an incomplete photocopied 'template' of T&Cs from 1995 saying "this is what they would have looked like" my thread is here http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-5.html#post1375454 just waiting to take them to court and they've defaulted me with no Defult Notice - bunch of bankers! sorry to hijack your thread mpfa :o

goldlady - how did you get them to remove the default? They put a big fat one on mine in november 07 - the fact that they admitted they didn't have an agreement with all the prescribed terms apparently has nothing to do with it! They also never even sent me a legal default notice just a 'pretend' one. I've not paid them a penny since the account went into legal dispute in April 07. They are a law unto themselves...

Be prepared for the long haul - MBNA have consistenly lied to me and then defaulted my account - they are a law unto themselves. Oh yes and they also haven't complied with my SAR, never sent my a Default Notice, the list is endless... Mine is a A&L cc card from 1993 which they have managed to retrieve an application form for - however they seem to think that a template of 1995 T&Cs means they have complied. my thread is here if you wanna check out the gory details for research http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html#post729106

dpick this is absolutely disgraceful with you being a L.I.P. against a mighty corporation - good luck mate keep at it

Hi MFPA Hope you mum is on the mend. How are things going? Have you managed to send anything to Link and Equidebt yet? I'm in a similar situation - with and A&L/MBNA card signed for in 93 - missing T&Cs and loads of prescribed terms. best wishes Redsue

cheers Robcag! Well I'm hoping I'll definately have the last laugh - just researching at the moment to take them to court and having fun with the DCA when they call

Hi Gaz You may wanna take a look at my thread - I've been in a battle with MBNA since April 07 - they have admitted they don't have the terms and conditions applicable at the time of opening the account and have sent me a application form from 1993. But hey - a little thing like paperwork doesn't stop them from enforcing debt, entering a default, not sending Default Notice and selling on the debt. They are a law unto themselves. By all means complain to your local TS and they will refer it to Chester TS, who will sit on it for months, believe EVERYTHING MBNA tell them at face value and not take any further action. The relationship between MBNA and Chester TS is very cosy IMHO. My thread is here see if it is of any use http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html#post729106 Be prepared for the long haul. I am preparing to initiate a court claim against the Data Controller of MBNA but am reading and reading and reading around to fully prepare for this: [a) Has defaulted on his obligation to respond to a request from the Claimant pursuant to s.77 (1) & s.78 (1) Consumer Credit Act 1974, under which the alleged agreement is alleged to operate; b) Has failed to comply with a Statutory Notice issued by the Claimant pursuant to s.10 & s.12 Data Protection Act 1998; c) Has applied the “Default” without complying with the requirements of s.87 Consumer Credit Act 1974; d) Continues to process data regarding the alleged default with Credit Reference Agencies. best wishes and keep on with the fight

Yes, they will have filed it the the drawer marked BIN!

Hey spiritgirl - just wanted to send you my best wishes - I've just read your thread from start to finish (phew) as someone recommended it to me. You are doing so well and I know how you can often doubt yourself but you seem to be in great hands over here. Keep up the good fight x

hey moonhawk, any progress with this, I'm on the edge of my seat (starting to get cramp )

Bump

Did you ever get around to complaining to FSO, ICO etc? I'm about to start the mammoth task of collating all my paperwork for my complaints to ICO and FSO. No doubt I'll use up a few trees in the process. best wishes and keep us up to date if you have any progress x

Hi HHNF Nice to hear from you - I'm watching your ongoing battles with interest. I also received the same info as you from my 2nd SAR but the account has been opened since 1993 and I've got no info beyond 6 years. I'm also keen to find the Default Notice they werer supposed to have sent me. Will wait and see...

Good for you scarletpimpernel - do you have a link to your thread please? I've taken my foot of the pedal so to speak lately as gave birth to my daughter in Nov and have had my hands full - at the moment I'm reading and reading and reading!!! I've heard on the grapevine that someone for mbna stood up in court and admitted they don't keep the terms and conditions...

I'm now gonna starting logging calls from the DCA (for my court bundle). Not had any paperwork through yet from them 08.02.08 - wouldn't confirm my ID 12.02.08 - wouldn't confirm my ID

Been having trouble with MBNA for nearly a year now with regards to an unenforceable credit agreement from 1993 - after lots and lots of letters they have only located an application form but have admitted they can't find the terms and conditions relating to time of the agreement. Although they did manage to send me a "template" of some terms and conditions from 1995?!?! http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-5.html#post1375454 They defaulted me on 27 Nov 07 but never sent me a Default Notice. They have now obviously sold the debt as a DCA is starting to call me although I've received nothing at all in paperwork. When the DCA calls we just go around and around in circles as I won't confirm my identity. Can't wait to write to them congratulating them on buying an unenforceable debt Just wondered if anyone has any pointers on this company? As I've not seen anything about them on any of the forum.

how's it going phantom?

right, finally back on the warpath - they issued me with a default on 27 Nov 07 but surprise, surprise got no Default Notice. To bring you all up to speed, Got this letter back from them on 18 Oct 07 Ok, so I then sent him back this letter on 7th Jan 07 (albeit slightly late! - what with giving birth and babies and xmas and such like!) So I am now going to send a reminder that they haven't fulfilled their obligation to the S.A.R - (Subject Access Request) (for the 3rd time) original SAR request sent 08.07.07, reminder sent 06.09.07. Some paperwork sent to me on 03/10/07 ( I told you I'd been busy! ) to try and chase up the default notice. I'm assuming they have now sold on the debt to a DCA although I've not had any paperwork through - have had some dodgy calls tho trying to get me to confirm who I am - don't think so . So I've a few things to do at the minute (understatement of the year) My plan of action is to a. Send another letter back to MBNA saying they still haven't complied with my SAR request fully and reminding them I need everything with regards to the account for the life of the account. b. Write back to MBNA regarding the unlawful default of the account and reminding him that I need answers to the above letter. c. Write to all 3 of the CRAs d. Complain to FOS, FSA and Information Commissioner office e. Send Freedom of Information Act request to my local TS with regards to all corresspondence between Chester TS and MBNA regarding my account. Could anyone please give me advice on a. CPR (18?) and how this applies to getting MBNA to answer some key questions which are very relevant to my case b. Default Notice removal when one was never received. So I'll have 2 court cases against MBNA - 1 for non-compliance of SAR - 1 for unenforceable credit agreement, plus default removal, plus reclaim of charges since MBNA in default of s78 Finally, apologies top anyone who wanted to take a peek at my POCs sorry but I've been so busy over the last few months. x x

uniboy - well done! I wait with baited breath.....

Welcome to the world of MBNA I sent them my CCA request on 1st March 07 and after receiving an illegible application form from 1993 (originally girobank) and up to date T&cs they swore blind they had complied. After numerous letters and complaints to TS they sent me a clearer copy of the application form and admitted they could n't find the original T&cs but proceeded to send me a random template of T&Cs with half the photocopied page missing from 1995 - and still told me they had complied. This has been ongoing.... Chester TS have acted appallingly and believed MBNA unquestionably - I repeatedly asked them to question MBNA over certain points and they came back with ' oh well they say they've complied, so if you'll have to take them to court if you want the agreement deemed unforceable, It's not in the public's interest to pursue this case, goodbye" After having my daughter in November I've been somewhat distracted of late!! But now the lovely MBNA have registered a default on my credit file - my credit file before this was 100%. To top it all off I never even received a Notice of Default off them. They really are the worse - they will continue to lie to you till they are blue in the face. I'm now steeling myself for the endless letters I'll have to send to each CRA (which will be a waste of time) back and forth with all the legal arguments for data processing. I also need to complain to the ICO and FSO. Meanwhile I also have to now challenge the Default - which again I've got to research. It really is a long road you have to go down - and there all lots of people in the same boat - MBNA continue to act unlawfully and get away with it scott free. I'm preparing POCs at the moment to take them to court. Sorry if I'm sounding negative but that's the reality of dealing with these corporations.

hi DFW - I've been following your really interesting thread from afar. Been sidetracked lately by my new baby daughter who was born in Nov so am trying to get back up to speed with my case against MBNA. Good luck to you mate and best wishes

Hi everyone - sorry not been around to help but finally gave birth last month to my gorgeous daughter Ruby and have been living in a bubble since then. Obviously I'm not about as much but will help if I can. Still fine tuning the POC but if anyone would like me to send them a copy can you pm me with your email details and will see what I can do.

oggy1 - prepare for the long haul - they will deny everything and distort the truth IMHO of course - you really need to read up and study the CCA1974 and related legislation. They will continue to enforce the account, sell it on, default you etc even though an agreement may be unenforceable - but what they won't do it take you to court - if you believe your agreement is unenforceable you will have to take them to court.

yes but unfortunately, OFT and TS don't have the bottle....

brilliant dpick - watching with great interest - well done with your POC